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OSRECOVERY, INC. v. ONE GROUPE INTERNATIONAL

United States District Court, S.D. New York


June 22, 2004.

OSRECOVERY, INC., Plaintiff,
v.
ONE GROUPE INTERNATIONAL, INC., et al., Defendants.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendant Parex Bank moves for sanctions pursuant to Fed.R.Civ.P. 11 and 28 U.S.C. ยง 1927.

The 1983 Advisory Committee Note to Rule 11 indicates that consideration of sanctions with respect to pleadings ordinarily should await the conclusion of a litigation. This Court is persuaded of the wisdom of that course in all but the most extreme circumstances, as controversies over sanctions tend to distract from and, indeed, become impediments to the resolution of actions. Accordingly, the motion is denied.

  While the denial is without prejudice to renewal at a more appropriate time, the Court suggests careful thought prior to any renewal in light of what perhaps might be a substantial possibility of provoking a retaliatory application.

 

SO ORDERED.
20040622

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